University of New England v Boerner [2024] FCA 191

University of New England v Boerner [2024] FCA 191

It is not practicable to serve Aarhus University under the Hague Convention due to the anticipated lengthy delay; the evidence demonstrates Aarhus University has notice of the proceedings, and substituted service via email is likely to bring the documents to its attention, thus justifying an order for substituted service to further the overarching purpose of the Act.

Parties
Prospective Applicant: University of New England; Prospective Respondent: Vinzent Boerner
Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Application for Preliminary Discovery / Interlocutory Application – Orders for Joinder, Service Out of Jurisdiction, and Substituted Service
Outcome
Orders for joinder, leave to serve documents outside Australia, dispensing with personal service, and substituted service granted; costs reserved.
Legal Topics
Preliminary Discovery, Service Out of Jurisdiction, Substituted Service, Copyright, Confidential Information
Practice and Procedure Intellectual Property Preliminary Discovery Service Out of Jurisdiction Substituted Service Copyright Confidential Information

Case Brief

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Parties

University of New England

Prospective Applicant

Vinzent Boerner

Prospective Respondent

Procedural Posture

Application for Preliminary Discovery / Interlocutory Application – Orders for Joinder, Service Out of Jurisdiction, and Substituted Service

Legal Issues

  1. 1 Whether leave should be granted to join a second prospective respondent situated in Denmark
  2. 2 Whether leave to serve documents outside Australia should be granted
  3. 3 Whether personal service under the Hague Convention should be dispensed with

Ratio Decidendi

It is not practicable to serve Aarhus University under the Hague Convention due to the anticipated lengthy delay; the evidence demonstrates Aarhus University has notice of the proceedings, and substituted service via email is likely to bring the documents to its attention, thus justifying an order for substituted service to further the overarching purpose of the Act.

Court Disposition

Orders for joinder, leave to serve documents outside Australia, dispensing with personal service, and substituted service granted; costs reserved.

Orders

  • Leave to amend originating application granted.
  • Leave to serve specified documents outside Australia granted.